Supreme Court of India · 2011-01-18
STATE OF M.P. vs VISHWESHWAR KOL
- Citation / case number
- SC 2005/13138
- Court
- Supreme Court of India
- Petitioner
- STATE OF M.P.
- Respondent
- VISHWESHWAR KOL
- Author
- HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
- Bench
- HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
Judgment text excerpt
The Supreme Court examined the validity of a dying declaration under Section 32(1) of the Indian Evidence Act, emphasizing that such declarations can be the sole basis for conviction if they inspire confidence. The Court held that the High Court erred in acquitting the accused by discarding the dying declaration based on speculative reasoning, thereby reaffirming the trial court's reliance on it. The Court concluded that the brutal nature of the crime, involving the murder of four innocent children and their mother, warranted a conviction under Section 302 IPC.